Estill v. Cnty. of Shasta

236 Cal. Rptr. 3d 191, 25 Cal. App. 5th 702
CourtCalifornia Court of Appeal, 5th District
DecidedJuly 31, 2018
DocketC077513
StatusPublished
Cited by13 cases

This text of 236 Cal. Rptr. 3d 191 (Estill v. Cnty. of Shasta) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Estill v. Cnty. of Shasta, 236 Cal. Rptr. 3d 191, 25 Cal. App. 5th 702 (Cal. Ct. App. 2018).

Opinion

MAURO, Acting P. J.

*193*705Renee Estill submitted a government claim against the County of Shasta and others, specifically representing that she first became aware of the alleged incident on September 9, 2011. The County *706accepted Estill's representation and denied her claim on the merits. Because it accepted the claim as timely, the County did not warn Estill to seek leave to present a late claim. This lawsuit followed.

During Estill's deposition, however, defendants learned she was aware of the alleged wrongdoing as early as 2009. The trial court granted defendant's motion for summary judgment primarily on the ground that Estill's government claim was untimely, but later granted her motion for a new trial, ruling there are triable issues of fact as to whether defendants waived their defense of untimeliness because the County did not warn Estill that she should seek leave to present a late claim pursuant to Government Code section 911.3, subdivision (b).1 Defendants appeal from the order granting Estill a new trial, and Estill cross-appeals from the judgment in favor of defendants.

After oral argument in this case, we asked the parties for supplemental briefing on the application of equitable estoppel in this context. We conclude that a claimant may be estopped from invoking the section 911.3 waiver provision where a public entity's failure to notify the claimant that a claim is untimely is induced by the claimant's representation on the government claim form. And in this case, based on the entire appellate record, including the supplemental briefs, we conclude Estill is estopped from asserting that defendants waived their defense of untimeliness. She represented in her government claim that the incident of wrongdoing occurred in September 2009, but that she "first became aware" of the incident on September 9, 2011. She included an attachment to her government claim in which she could have explained what she had learned in 2009 and 2010 about the alleged misconduct, but she did not mention her prior knowledge. Thus, the record indicates she intended for the County to rely on her representation in the government claim, and the County did in fact rely on the representation. Accordingly, we will reverse the trial court's order granting Estill's motion for a new trial and affirm the judgment entered in favor of defendants.

BACKGROUND

Estill was employed by the Shasta County Sheriff's Office and worked at the Shasta County Jail. In July 2009, the Sheriff's Office initiated an internal affairs investigation regarding allegations that Estill had improper communications with an inmate. Later that year, Estill learned that correctional officers were discussing her *194investigation and not maintaining confidentiality.

On September 29, 2009, the Sheriff's Office served Estill with a notice of charges in support of proposed termination. Estill was then mistakenly denied *707entry into the jail based on the belief that she had been fired. Estill realized jail staff had improperly received information about her and she complained. Throughout the remainder of 2009, she learned about others who were inappropriately discussing her internal affairs investigation.

Estill had a prediscipline administrative hearing, and around that time or right after her employment was terminated, she heard about rumors regarding the parentage of her son and further discussions about her internal affairs case. Her employment was terminated effective January 11, 2010, and her administrative appeal was denied on September 10, 2010.

Between January 11 and July 21, 2010, Estill heard more comments about the parentage of her son. She also heard that people unconnected to her internal affairs investigation were talking to Sheriff's Office employees about her and her case.

Estill served the County with a government claim on February 23, 2012. The claim said the date of the incident was September 2009, but Estill represented that the date she "first became aware" of the incident was September 9, 2011. The claim alleged that on September 9, 2011, an employee of the Sheriff's Office revealed to Estill that a specified Sheriff's Captain had told Sheriff's Department employees about the nature of an investigation regarding Estill from September 2009 through the Fall of 2010. The claim alleged gossip and rumors had been spread, a hostile environment had been created, and Estill had been harassed.

The County denied Estill's claim and informed her, "Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim (see Government Code Section 945.6 )." Estill filed a complaint against defendants within six months of the County's notice, asserting causes of action for violation of her federal and state constitutional rights to privacy, invasion of privacy/intrusion into private affairs, defamation per se, intentional infliction of emotional distress, and negligent infliction of emotional distress. During Estill's deposition, defendants learned she was aware of the alleged wrongdoing as early as 2009.

The trial court ultimately granted defendant's motion for summary judgment. The trial court concluded Estill's first cause of action asserting a federal right to privacy failed on the merits, and her remaining causes of action were barred because she did not file a government claim within six months of the accrual of those causes of action. However, the trial court subsequently granted Estill's motion for a new trial on the second through sixth causes of action, concluding triable issues of fact exist as to whether *708section 911.3 applies to impose on defendants a waiver of their defense that Estill did not timely present a government claim.

Defendants appeal from the order granting Estill a new trial. ( Code Civ. Proc., § 904.1, subd. (a)(4).) Estill cross-appeals from the judgment. ( Code Civ. Proc., § 437c, subd. (m).)

DISCUSSION

I

Defendants contend the trial court should have denied Estill's motion for new trial because Estill presented her government claim more than two years after her *195causes of action accrued. Because the trial court granted Estill a new trial based on a question of law, we review the order de novo. ( Aguilar v. Atlantic Richfield Co. (2001) 25 Cal.4th 826, 859-860, 107 Cal.Rptr.2d 841, 24 P.3d 493 ; Doe v. United Air Lines, Inc . (2008) 160 Cal.App.4th 1500

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Bluebook (online)
236 Cal. Rptr. 3d 191, 25 Cal. App. 5th 702, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estill-v-cnty-of-shasta-calctapp5d-2018.